Suite 2, 1st
Floor, 300 Chapel Road South, Bankstown NSW 1885, Australia
Family Law
What we can do for you:
We are able to assist you with:
- Applications for Divorce
- Agreements & Consent Orders in respect property and
financial settlements
- Parenting Orders - Residence Orders, Contact Orders and
Specific Issues Orders
- Urgent and Interim Orders
- Apprehended Domestic Violence Orders (ADVOs)
Our Goal:
Our goal is to provide you with professional legal services that
are timely and cost effective. We aim to be friendly, courteous and
approachable in our service to you.
In the area of family law, our approach at all times is to avoid
conflict between the parties and to try to settle matters by consent
and by mediation where required.
Divorce
Filing for divorce can be straightforward where there has been
separation between the spouses for 12 months or more and one of the
spouses is an Australian resident/citizen. There are more complex
cases involving separation under the one roof, separation before 2
years of marriage and where there are children involved.
We will discuss with you the:
- Family Court's requirements for filing an application for divorce
- Supporting documents required for applying for a divorce
- Service of court documents and whether you have to attend
court or not
- Specific issues eg. separation under one roof, proper
arrangements for children
- Whether you are eligible for exemption from payment of court
fees
We will advise you how long it will take for the court process in
your divorce matter and when your divorce will become absolute. We
can also help you to shorten the time to obtain a decree absolute in
special circumstances.
Agreement & Consent Orders
Our first goal in trying to resolve finance/property distribution
and children issues is by seeking consent between the parties. If
both parties agree, Consent Orders can be quickly drawn up and filed
at the Local Court or Family Court.
There are advantages to avoid payment of stamp duty on transfer
of property between the spouses pursuant to a Consent Order.
Parenting Orders
Both parents are responsible for the guardianship and care of
children until the children turn 18 years of age. In a case where
you cannot resolve your disputes over children with your partner, we
can help you in applying for any of the following three main
categories of parenting orders:
- Residence Order - this determines which parent the child is
to live with
- Contact Order - this determines the level of contact between
a child and parent
- Specific issues order - this covers other aspects of parental
responsibility such as the day-to-day care, long-term care, welfare
and development of the child
Please remember that the Court is required to regard the best
interests of the child as the paramount consideration in deciding
whether to make a parenting order. We will able to advise you what
matters are considered to be in the best interests of the child when
applying for a parenting order.
Urgent and Interim Orders
We can help you to make urgent applications with the Family Court
of Australia, in cases such as:
- Urgent application for a warrant in the situation where your
child has been abducted by your partner or other person in breach
of a residence, contact or specific issues order
- Non-molestation orders to restrain your partner from
molesting, harassing or abusing you
- Apprehended domestic violence orders (ADVO) to protect you
from fearing violence or harassment
- Exclusive occupation of matrimonial home; and
- Restraining property dealings
Pre-nuptial Agreements
Pre-nuptial agreements are legally acceptable contracts between
persons intending to marry. Such Agreement is prepared before
marriage.
The Pre-Nuptial Agreement details the financial contribution that
you will both bring to the marriage and in particular the continuing
ownership of finance and property that you would continue to regard
your own or that of the partner throughout the marriage and even in
the event of a separation. The Agreement can also include any other
issues of major concern.
Summary
We understand the sensitivities surrounding family matters when
you will be required to make many difficult decisions about your
life and your future. We will work with you on resolving your legal
issues where possible in a consensus manner to minimise conflict
with your partner and to effectively finalise your affairs and help
you to get on with your life.
We are here to help you and your family.
Please contact us now for an initial
free-of-charge consultation on your Family Law matter.
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.
Copyright 2003 Janice Vu & Associates - Solicitors | This FirmSite by FindLaw
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